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STATE v. NEAL

No. 40076-2012.

314 P.3d 166 (2013)

STATE of Idaho, Plaintiff-Respondent, v. Sydney Lorelei NEAL, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 2013 Term.

November 26, 2013.

Attorney(s) appearing for the Case

Justin M. Curtis , Deputy State Appellate Public Defender, Boise, argued for appellant.

Jessica M. Lorello , Deputy Attorney General, Boise, argued for respondent.

EISMANN, Justice.

This is an appeal out of Ada County from the order of the district court denying a motion to dismiss, for the lack of probable cause, the felony charge of possession of methadone, a controlled substance. The methadone was discovered upon the birth of the defendant's baby girl in the umbilical cord. We hold that for the purposes of determining whether there was probable cause to believe that the defendant had possessed a controlled substance, the...

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